Freshwater Crawfish Tail Meat from the People's Republic of China: Notice of Amended Final Results of Administrative Review Pursuant to Final Court Decision, 39939-39940 [E8-15811]

Download as PDF Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Notices NSN: 8405–01–539–5962—Size 8 1/4 NSN: 8405–01–539–5969—Size 8 3/8 NSN: 8405–01–539–6335—Size 8 1/2 NPA: Goodwill Industries of South Florida, Inc., Miami, FL. Coverage: C-List for 25% of the requirement of the Defense Supply Center Philadelphia, Philadelphia, PA. Contracting Activity: Defense Supply Center Philadelphia, Philadelphia, PA. Services Service Type/Location: Custodial & Grounds Maintenance. U.S. Federal Building and Courthouse—St. Thomas, 5500 Veterans Drive, St. Thomas, U.S. Virgin Islands. Service Type/Location: Custodial Services. Louis Munoz Marin International Airport, TSA Occupied Spaces, Carolina, PR. Service Type/Location: Custodial Services. Social Security Administration Building, Plaza Sierra Cayey, Building PR3871ZZ, Cayey, PR. NPA: The Corporate Source, Inc., New York, NY. Contracting Activity: General Services Administration, Caribbean Property Management Center, Hato Rey, PR. Service Type/Location: Custodial Services. U.S. Army Reserve Center, 400 Wyoming Blvd NE., Albuquerque, NM. NPA: Adelante Development Center, Inc., Albuquerque, NM. Contracting Activity: 90th Regional Readiness Command, North Little Rock, AR. Service Type/Location: Mailroom Operations. Fort Stewart, 1042 William H. Wilson Avenue, Fort Stewart, GA. NPA: Abilities, Inc. of Florida, Clearwater, FL. Contracting Activity: Army Contracting Agency, Directorate of Contracting, Fort Stewart, GA. pwalker on PROD1PC71 with NOTICES Deletion On May 9, 2008, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (73 FR 26362) of proposed deletions to the Procurement List. After consideration of the relevant matter presented, the Committee has determined that the service listed below are no longer suitable for procurement by the Federal Government under 41 U.S.C. 46–48c and 41 CFR 51–2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action should not result in additional reporting, recordkeeping or other compliance requirements for small entities. 2. The action may result in authorizing small entities to furnish the service to the Government. 3. There are no known regulatory alternatives which would accomplish VerDate Aug<31>2005 17:19 Jul 10, 2008 Jkt 214001 the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in connection with the service deleted from the Procurement List. End of Certification Accordingly, the following service is deleted from the Procurement List: Service Service Type/Location: Janitorial/Custodial. Veterans Affairs Medical Center, Seattle, WA. NPA: Seattle Mental Health Institute, Inc., Seattle, WA. Contracting Activity: Department of Veterans Affairs, Washington, DC. Kimberly M. Zeich, Director, Program Operations. [FR Doc. E8–15781 Filed 7–10–08; 8:45 am] BILLING CODE 6353–01–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Sensors and Instrumentation Technical Advisory Committee; Notice of Partially Closed Meeting The Sensors and Instrumentation Technical Advisory Committee (SITAC) will meet on July 29, 2008, 9:30 a.m., in the Herbert C. Hoover Building, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW., Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration on technical questions that affect the level of export controls applicable to sensors and instrumentation equipment and technology. Agenda Public Session 1. Welcome and Introductions. 2. Remarks from Bureau of Industry and Security Management. 3. Industry Presentations. 4. New Business. Closed Session 5. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yspringer@bis.doc.gov no later than July 22, 2008. A limited number of seats will be available during the public session of the meeting. Reservations are not accepted. To the extent that time PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 39939 permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate distribution of public presentation materials to the Committee members, the Committee suggests that the materials be forwarded before the meeting to Ms. Springer. The Assistant Secretary for Administration, with the concurrence of the General Counsel, formally determined on June 30, 2008 pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 § 10(d)), that the portion of this meeting dealing with pre-decisional changes to the Commerce Control List and U.S. export control policies shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information contact Yvette Springer on (202) 482–2813. Dated: July 8, 2008. Yvette Springer, Committee Liaison Officer. [FR Doc. E8–15870 Filed 7–10–08; 8:45 am] BILLING CODE 3510–JT–P DEPARTMENT OF COMMERCE International Trade Administration A–570–848 Freshwater Crawfish Tail Meat from the People’s Republic of China: Notice of Amended Final Results of Administrative Review Pursuant to Final Court Decision Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: July 11, 2008. FOR FURTHER INFORMATION CONTACT: Alex Villanueva, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 202- 482–3208. SUPPLEMENTARY INFORMATION: AGENCY: Background This matter arose from a challenge to the results in the Department of Commerce’s (the ‘‘Department’’) Notice of Final Results of Antidumping Duty Administrative Review, and Final Partial Rescission of Antidumping Duty Administrative Review of Freshwater Crawfish Tail Meat from the People’s Republic of China, 67 FR 19546 (April E:\FR\FM\11JYN1.SGM 11JYN1 pwalker on PROD1PC71 with NOTICES 39940 Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Notices 22, 2002) (‘‘Final Results’’) and accompanying Issues and Decision Memorandum (‘‘Memo’’), covering the period of review (‘‘POR’’), September 1, 1999 August 31, 2000. Following publication of the Final Results, Fujian Pelagic Fishery Group Co. (‘‘Fujian’’) and Pacific Coast Fishery Corp. (‘‘Pacific Coast’’), filed a lawsuit with the United States Court of International Trade (‘‘CIT’’) challenging the Department’s Final Results. In the Final Results, the Department determined that Fujian and Pacific Coast were not affiliated pursuant to section 771(33) of the Tariff Act of 1930, as amended (‘‘the Act’’). See Memo at Comment 18. Fujian and Pacific Coast challenged the Department’s determination and the CIT affirmed the Department’s determination that Fujian and Pacific Coast were not affiliated parties because ‘‘Fujian had not made an investment, whether in cash or in the form of a promissory note, in Pacific Coast’’ and because ‘‘Fujian did not exercise control over Pacific Coast.’’ See Crawfish Processors Alliance, et al. v. United States, 343 F. Supp. 2d 1242, 1269 (CIT 2004). Fujian and Pacific Coast timely appealed the CIT’s decision with the United States Court of Appeals for the Federal Circuit (‘‘CAFC’’). The only issue considered on appeal was whether Fujian and Pacific Coast were affiliated parties pursuant to section 771(33)(E) of the Act. The CAFC reversed the CIT’s affirmance of the Department’s determination that Fujian and Pacific Coast were not affiliated because section 771(33)(E) of the Act does not require ‘‘proof of full payment in cash or merchandise during the review period to show affiliation’’ and that Fujian and Pacific Coast ‘‘have presented sufficient evidence to show that Fujian directly or indirectly owns at least 5% of Pacific Coast’s shares.’’ See Crawfish Processors Alliance, et al. v. United States, 477 F.3d 1375, 1384 (Fed. Cir. 2007). The CAFC remanded the case to the CIT for proceedings consistent with its opinion. Therefore, on October 30, 2007, the CIT directed the Department to recalculate the antidumping duty margin treating Fujian and Pacific Coast as affiliated parties in compliance with the CAFC’s decision and mandate. On December 11, 2007, the Department released the draft final results of redetermination for comment. No party submitted comments by the December 20, 2007, deadline. On January 24, 2008, the Department filed its final results of redetermination pursuant to remand with the CIT. See Final Results of Redetermination Pursuant to Court Remand, Court No. VerDate Aug<31>2005 17:19 Jul 10, 2008 Jkt 214001 02–00376 (January 24, 2008) (‘‘Final Redetermination’’), found at http:// ia.ita.doc.gov/remands/07–156.pdf. In the remand redetermination, pursuant to the CIT’s order, the Department considered Fujian and Pacific Coast affiliated parties under section 771(33)(E) of the Act and recalculated Fujian’s dumping margin using Pacific Coast’s CEP sales data. On March 5, 2008, the CIT sustained all aspects of the remand redetermination made by the Department pursuant to the CIT’s remand of the Final Results. See Crawfish Processors Alliance v. United States, Slip Op. 08–27 (March 5, 2008). On March 20, 2008, consistent with the decision in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990), the Department notified the public that the CIT’s decision was not in harmony with the Department’s final results. See Freshwater Crawfish Tail Meat from the People’s Republic of China: Notice of Court Decision Not In Harmony With Final Results of Administrative Review, 73 FR 14960 (March 20, 2008). No party appealed the CIT’s decision. As there is now a final and conclusive court decision in this case, we are amending our Final Results. DEPARTMENT OF COMMERCE International Trade Administration A–351–838 Certain Frozen Warmwater Shrimp from Brazil: Final Results and Partial Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On March 6, 2008, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from Brazil. This review covers 15 producers/ exporters of the subject merchandise to the United States. The period of review (POR) is February 1, 2006, through January 31, 2007. We are rescinding the review with respect to one company which made no shipments of the subject merchandise during the POR. Based on our analysis of the comments received, we have made certain changes to the margin calculations. Therefore, the final results differ from the preliminary results. The final weighted-average dumping margins for the reviewed firms are listed Amended Final Results below in the section entitled ‘‘Final As the litigation in this case has Results of Review.’’ concluded, the Department is amending EFFECTIVE DATE: July 11, 2008. the Final Results to reflect the results of FOR FURTHER INFORMATION CONTACT: Kate our remand determination. The revised Johnson or Rebecca Trainor, AD/CVD dumping margin in the amended final Operations, Office 2, Import results is as follows: Administration, International Trade Administration, U.S. Department of Exporter Margin Commerce, 14th Street and Constitution Avenue, NW, Washington, DC, 20230; Fujian ................................................ 60.83% telephone (202) 482–4929 and (202) 482–4007, respectively. The Department will instruct U.S. SUPPLEMENTARY INFORMATION: Customs and Border Protection (‘‘CBP’’) Background to liquidate entries of freshwater crawfish tail meat from the People’s This review covers 15 producers/ Republic of China during the review exporters.1 The respondents which the Department selected for individual period at the assessment rate the review are Amazonas Industrias Department calculated for the final results of review as amended. We intend Alimenticias S.A. (‘‘AMASA’’) and Comercio de Pescado Aracatiense Ltda. to issue the assessment instructions to (‘‘Compescal’’). The respondents which CBP 15 days after the date of were not selected for individual review publication of these amended final are listed in the ‘‘Final Results of results of review. Review’’ section of this notice. This notice is published in On March 6, 2008, the Department accordance with sections 751(a)(1) and published in the Federal Register the 777(i) of the Act. preliminary results of administrative Dated: July 3, 2008. review of the antidumping duty order on shrimp from Brazil. See Certain David M. Spooner, Frozen Warmwater Shrimp from Brazil: Assistant Secretary for Import Administration. [FR Doc. E8–15811 Filed 7–10–08; 8:45 am] BILLING CODE 3510–DS–S PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 AGENCY: 1 This figure does not include those companies for which the Department is rescinding the administrative review. E:\FR\FM\11JYN1.SGM 11JYN1

Agencies

[Federal Register Volume 73, Number 134 (Friday, July 11, 2008)]
[Notices]
[Pages 39939-39940]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15811]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-848


Freshwater Crawfish Tail Meat from the People's Republic of 
China: Notice of Amended Final Results of Administrative Review 
Pursuant to Final Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: July 11, 2008.

FOR FURTHER INFORMATION CONTACT: Alex Villanueva, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: 202- 482-3208.

SUPPLEMENTARY INFORMATION:

Background

    This matter arose from a challenge to the results in the Department 
of Commerce's (the ``Department'') Notice of Final Results of 
Antidumping Duty Administrative Review, and Final Partial Rescission of 
Antidumping Duty Administrative Review of Freshwater Crawfish Tail Meat 
from the People's Republic of China, 67 FR 19546 (April

[[Page 39940]]

22, 2002) (``Final Results'') and accompanying Issues and Decision 
Memorandum (``Memo''), covering the period of review (``POR''), 
September 1, 1999 August 31, 2000. Following publication of the Final 
Results, Fujian Pelagic Fishery Group Co. (``Fujian'') and Pacific 
Coast Fishery Corp. (``Pacific Coast''), filed a lawsuit with the 
United States Court of International Trade (``CIT'') challenging the 
Department's Final Results. In the Final Results, the Department 
determined that Fujian and Pacific Coast were not affiliated pursuant 
to section 771(33) of the Tariff Act of 1930, as amended (``the Act''). 
See Memo at Comment 18. Fujian and Pacific Coast challenged the 
Department's determination and the CIT affirmed the Department's 
determination that Fujian and Pacific Coast were not affiliated parties 
because ``Fujian had not made an investment, whether in cash or in the 
form of a promissory note, in Pacific Coast'' and because ``Fujian did 
not exercise control over Pacific Coast.'' See Crawfish Processors 
Alliance, et al. v. United States, 343 F. Supp. 2d 1242, 1269 (CIT 
2004).
    Fujian and Pacific Coast timely appealed the CIT's decision with 
the United States Court of Appeals for the Federal Circuit (``CAFC''). 
The only issue considered on appeal was whether Fujian and Pacific 
Coast were affiliated parties pursuant to section 771(33)(E) of the 
Act. The CAFC reversed the CIT's affirmance of the Department's 
determination that Fujian and Pacific Coast were not affiliated because 
section 771(33)(E) of the Act does not require ``proof of full payment 
in cash or merchandise during the review period to show affiliation'' 
and that Fujian and Pacific Coast ``have presented sufficient evidence 
to show that Fujian directly or indirectly owns at least 5% of Pacific 
Coast's shares.'' See Crawfish Processors Alliance, et al. v. United 
States, 477 F.3d 1375, 1384 (Fed. Cir. 2007). The CAFC remanded the 
case to the CIT for proceedings consistent with its opinion. Therefore, 
on October 30, 2007, the CIT directed the Department to recalculate the 
antidumping duty margin treating Fujian and Pacific Coast as affiliated 
parties in compliance with the CAFC's decision and mandate.
    On December 11, 2007, the Department released the draft final 
results of redetermination for comment. No party submitted comments by 
the December 20, 2007, deadline. On January 24, 2008, the Department 
filed its final results of redetermination pursuant to remand with the 
CIT. See Final Results of Redetermination Pursuant to Court Remand, 
Court No. 02-00376 (January 24, 2008) (``Final Redetermination''), 
found at http://ia.ita.doc.gov/remands/07-156.pdf. In the remand 
redetermination, pursuant to the CIT's order, the Department considered 
Fujian and Pacific Coast affiliated parties under section 771(33)(E) of 
the Act and recalculated Fujian's dumping margin using Pacific Coast's 
CEP sales data. On March 5, 2008, the CIT sustained all aspects of the 
remand redetermination made by the Department pursuant to the CIT's 
remand of the Final Results. See Crawfish Processors Alliance v. United 
States, Slip Op. 08-27 (March 5, 2008).
    On March 20, 2008, consistent with the decision in Timken Co. v. 
United States, 893 F.2d 337 (Fed. Cir. 1990), the Department notified 
the public that the CIT's decision was not in harmony with the 
Department's final results. See Freshwater Crawfish Tail Meat from the 
People's Republic of China: Notice of Court Decision Not In Harmony 
With Final Results of Administrative Review, 73 FR 14960 (March 20, 
2008). No party appealed the CIT's decision. As there is now a final 
and conclusive court decision in this case, we are amending our Final 
Results.

Amended Final Results

    As the litigation in this case has concluded, the Department is 
amending the Final Results to reflect the results of our remand 
determination. The revised dumping margin in the amended final results 
is as follows:

------------------------------------------------------------------------
                            Exporter                              Margin
------------------------------------------------------------------------
Fujian.........................................................   60.83%
------------------------------------------------------------------------

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to liquidate entries of freshwater crawfish tail meat from 
the People's Republic of China during the review period at the 
assessment rate the Department calculated for the final results of 
review as amended. We intend to issue the assessment instructions to 
CBP 15 days after the date of publication of these amended final 
results of review.
    This notice is published in accordance with sections 751(a)(1) and 
777(i) of the Act.

    Dated: July 3, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-15811 Filed 7-10-08; 8:45 am]
BILLING CODE 3510-DS-S